Step 1: Make Sure You Pass All Technical Requirements for Disability Benefits. To qualify for a 50 percent rating, a veteran would need to have "unfavorable ankylosis of the entire thoracolumbar spine." One of the most common conditions secondary to spinal conditions is radiculopathy. For example, after a fall or motor vehicle accident, a military doctor may attribute leg and foot pain to a leg injury rather than spinal stenosis. The small openings in your spine are called foramen, and nerves pass through the foramen from your spinal cord into the rest of your body. You can get disability benefits for your illness or condition if you have a disability rating of 10% or more and you have one of these presumptive diseases: Symptoms are similar to the symptoms involved with degenerative arthritis and include pain and swelling of the joints. This information is made available for educational purposes only and to provide general information and a general understanding of the law. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Some of the conditions included in this category are degenerative arthritis, traumatic arthritis, and rheumatoid arthritis. Confidential or time-sensitive information should not be sent through this form. The general rating formula for spinal stenosis and the other spinal conditions listed above is as follows: General Rating Formula Spinal Stenosis and Select Spinal Conditions. . If your spinal stenosis or foraminal stenosis is service-connected, or if your condition was aggravated because of your military service, you may qualify for VA disability compensation. 20% Spinal Stenosis VA Rating Veterans looking to receive VA disability for spinal stenosis often develop the disability due to an injury to the spine. As the foramen close in, it can lead to those nerves becoming pinched. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. To receive VA disability for spinal stenosis, like all other disabilities, a Veteran must first establish service connection for the injury. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987? I bought a home. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Theres no presumptive benefit the burden is on the veteran to demonstrate a service connection to the stenosis. They may also be used to keep track of what [products, video, links, etc.] These cookies are essential so that you can move around the website and use its features. Contact Us In many cases, symptoms resolve themselves with rest, physical therapy, exercise, and anti-inflammatories. These cookies dont collect information that identifies you. The VA disability rating for spinal stenosis will be based on both individual ROM measurements and the total ROM measurement. This disruption can cause strange sensations and loss of muscle control in the affected areas. Getting Veterans (VA) Disability for Spinal Injuries | CCK Law WITNESS AT HEARING ON APPEAL. When the spinal canal is obstructed due to spinal stenosis, abnormal narrowing occurs. Disability Benefits for Spinal Stenosis | Nolo The closer you are to your normal retirement age, the more likely you are to qualify for disability benefits. People with spinal conditions also often change how they walk to compensate for the pain which can lead to knee and hip problems. All but 10% of lumbar IVDS is at the L4-L5 or L5-S1 level. If your spine is locked, but its in a favorable condition, your disability rating may be as low as 30% or 40%. VA disability rating rules treat all forms of spinal stenosis the same way, with the cause being irrelevant to the actual VA disability rating for spinal stenosis. for L3 -L4 L4-L5 L5- S1 in the past they are rating as post operative residuals of . It is possible to have your rating lowered if you happen to do better on another C&P exam, so discuss your case and your condition with a VA attorney first. Symptoms vary depending on the location of the stenosis and which nerves are affected. If your spinal condition results in the development of a new disability or makes an existing disability worse, remember that you may be entitled to secondary service-connection for the new or aggravated disability. VA disability ratings for back pain go from 10% to 100% depending on how severe your symptoms are, including your range of motion and pain frequency and level. 4.30 Convalescent ratings. It is the problems that may be CAUSED by Spinal Stenosis that are rateable. If a doctor doesnt use a goniometer to measure your ROM, the VA will not consider the results. Canes range from $25 to $100 and walkers can be more than $200. I had been fighting for my benefits since 1980 by myself and I managed to get 50% rating. VA Disability Ratings for Spinal Stenosis | CCK Law If your spine is frozen due to spinal stenosis, meaning that you have no Range Of Motion, you may qualify for a relatively high VA disability rating. This data may be used to help optimize our websites and make them easier for you to navigate. These complications of stenosis are called. Learn How Veterans Can Get VA Benefits for Back Pain You may be owed compensation. We use cookies to ensure that we give you the best experience on our website. Find Out How To Qualify for Disability with Degenerative Disc Disease you have shown that there is was an incident in service and that you have a current disability, When the VA awards service-connection for a condition/disease, it has to determine how much to award for the condition/disease. Abnormal growths can form inside the spinal cord, within the membranes that cover the spinal cord or in the space between the spinal cord and vertebrae. Trouble walking, and loss of bowel or bladder control may also result. Favorable position means your spine is locked but more or less vertical, so you can still sit at a desk chair, for example. A, Oftentimes, spinal conditions will cause other conditions, and these conditions qualify a Veteran for another rating. Since that time, we have provided compassionate However, generally speaking, symptoms may include the following: Most often, spinal stenosis is caused by overuse or general wear-and-tear changes in the spine related to osteoarthritis. Provide a current diagnosis of spinal stenosis, Present evidence of an in-service event, injury, or illness, Obtain a medical opinion linking the in-service occurrence to their diagnosed spinal stenosis. Incomplete but severe paralysis of the sciatic nerve could then result in a 60 percent disability rating according to the social security administration. The VA will use a series of diagnostic codes for areas of the spine. Failure to address the symptoms will lead to a lifestyle filled with numbness, pain, and muscle weakness. All rights reserved. For instance, which pages you go to most. Some of the most common disabilities Veterans have are the result of injuries to their back, especially those related to the spine. For example, if spinal stenosis causes nerve pain or other issues in the peripheral nerves of the arms, hands, legs, or feet, you may be able to obtain a higher VA disability rating through an independently ratable peripheral nerve disability. If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. Call 512-454-4000 for help today. If you believe your current spinal injuries are the result of military service, you could receive VA disability for spinal stenosis. In order to ensure that youre getting the most out of your disability claim, you need to understand how the VA rates your condition. If left untreated, spinal stenosis may cause permanent numbness, weakness, balance problems, incontinence, and/or paralysis. Markedly severe residual weakness, pain or limitation of motion following implantation of prosthesis 70 Moderately severe residuals of weakness, pain or limitation of motion 50 Minimum rating 30 5055 Knee replacement (prosthesis). Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Entire spine is frozen in an unfavorable position. 5238 Spinal stenosis - Veterans Benefits Network Think of the first number as an identifying diagnostic code that tells you what joint is affected, while the second diagnostic code tells you the rating system the condition is being rated under. That is, they get it wrong more than half the time. The amount of base compensation veterans receive . However, these secondary service-connected disabilities are not cumulative. Both degenerative arthritis and traumatic arthritis, regardless of the joint affected, are rated under diagnostic code 5003. Lumbar IVDS accounts for 62% of all disc disease. An unfavorable position means your spine is locked in a position that is something other than vertical. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. The rating assigned under the rating criteria for degenerative arthritis depends on how many joint groups are affected and whether there is painful motion. These complications of stenosis are called secondary conditions, which may qualify you for a higher rating. The VA can reject a claim that your condition was made worse during your service if it believes that the worsening was a natural progression of the condition. Extraschedular VA Disability Ratings Because there are technically, As mentioned above, many different joints are rated under the rating criteria for degenerative arthritis. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Spinal conditions can cause nerve problems as well. Diagnostic Code 5238 Cervical Spine Stenosis The spinal canal narrowing for one reason or another Diagnostic Code 5242 Degenerative Arthritis of the Spine Pain from the degeneration of the cervical vertebrae This rating criterion is primarily based on a range of motion measurements. The VA routinely mishandles spinal injury claims. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. Severe paralysis of long periods can be shown by muscular atrophy, poor blood circulation, and limited functionality of the affected body part. Traumatic arthritis occurs after an injury, excessive movement, or other physical trauma. It will also help if someone else in your division remembers what happened. Our firm was founded in 1986 in Orlando, Florida. Cookies help us deliver the best experience on our website. What Is Foraminal Stenosis And Can I Qualify For Benefits? Full eligibility requirements The VA not only makes mistakes in evaluation the severity of a condition, but sometimes they evaluate a condition according to the completely wrong rating criteria. Depending on how severe your symptoms are, you may be able to file for a permanent spinal stenosis disability. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Many people with spinal stenosis and other back injuries experience anxiety, depression, and substance abuse problems. . VA Disability For Back Impairments - The Veterans Law Office This is known as secondary service connection. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Over time, you will attend additional annual exams at an area SCI Center. When spinal stenosis causes additional disabilities, those problems may qualify as secondary service-connected disabilities. Spinal stenosis in the neck can cause: Numbness Tingling or weakness in a hand, leg, foot or arm Problems with walking and balance Neck pain Problems with the bowel or bladder Request an Appointment at Mayo Clinic From Mayo Clinic to your inbox If two or more major OR minor groups are affected a 20% rating will be assigned if the arthritis is occasionally incapacitating. I served during peace timein theArmy. Often, spinal stenosis is caused by the formation of bone spurs that grow into your spinal canal. Case Info Step 2. This will effectively increase your VA disability rating. Call (855) 873-2604 For a Free Evaluation of Your Spinal Stenosis Disability Case. This field is for validation purposes and should be left unchanged. If spinal stenosis causes involuntary muscle reactions like these, a doctor can note them in your records and the VA can use them to arrive at a VA disability rating. VA Disability Rating for Neck Pain | The Tuley Law Office In a February 2007 rating decision, the RO granted service connection for spinal stenosis and degenerative disc disease of the lumbar spine. This website adheres to the W3Cs AA Accessibility guidelines. How the VA Rates Spinal Stenosis in Florida? They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. The following spinal conditions are all rated under the same general rating formula: The general rating formula that is used to rate the conditions listed above is mainly based on range of motion (ROM) measurements. Under the IVDS schedule, a VA disability rating can be obtained based on the number and frequency of incapacitated episodes in which bed rest is ordered by a physician. For example, 5241 spinal fusion VA rating and 5238 spinal stenosis VA rating are calculated entirely on the range of motion (ROM) of your back even though spinal fusion and spinal stenosis are very different conditions. Feel free to call us at (866) 232-5777 anytime. Become an All-Access Member to access this page, other exclusive content, the ability to our Military Disability Experts, course discounts, and more! If the spine is frozen in a favorable position, the disability rating may be capped at 40%. . If there is decreased range of motion of the cervical or thoracolumbar spine, the condition would be rated according to the general rating formula for the spine that is based off of range of motion measurements. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. The information you obtain on this website is not, nor is it intended to be, legal advice. If your MRIs dont show a significant stenosis, but you are experiencing severe back pain that still inhibits your ability to work, and you have. It is rated under another diagnostic group. If severe enough, anxiety and depression arising from a service-related condition may also qualify for an additional disability rating. So, if a Veteran has service connection for PTSD and later develops sleep apnea, they can argue that the sleep apnea was caused by their PTSD. Berry Law is a team full of Veterans, with attorneys from the Army, Navy, Air Force, and Marine Corps. Can I get Disability for Spinal Stenosis? How to Qualify - brrlaw The latter two will show whether soft tissue may be impinging or invading the spinal cord area. They fought hard for me and got me more than I ever could dream of. Examples of secondary conditions that may arise as complications of stenosis include radiculopathy, neurogenic bladder, and knee and hip problems caused by walking difficulties due to stenosis. The disability rating is the highest rating produced by the rating tables. VA Disability Ratings for Back Pain and Spinal Arthritis However, military doctors and corpsmen may be reluctant to order an x-ray or MRI if they think a diagnosis can be made without one. I was injured in Iraq on Nov 19 ,2007, I filed my claims when I got home from Iraq, the V/A called me yesterday and told me that I got a 60% rating for. Is Spinal Stenosis A Permanent Disability | Disability Help A. found that the VA processed the majority of the 62,500 spinal injury claims decided in the first half of 2018. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. Yes, you can. For example, a cervical spine with forward flexion of 15 produces a VA disability percentage of 30% and a lumbar spine with a total ROM of 120 produces a VA disability percentage of 20%, for an overall VA disability rating of 40%. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 The diagnostic code for rheumatoid arthritis is 5002. Finally, the general VA disability ratings table for spinal injuries and diseases allows ratings based on muscle guarding, muscle spasm, or tenderness in your back. Please call for an appointment before visiting: Mail Processing Center: P.O. For example, if your spinal stenosis is caused by a bulging disc, dislocated vertebrae, or bone fragments, you may be able to identify an accidental fall, vehicle collision, or any other physical injury incurred during your military service that worsened your condition. VA Disability Rating For Degenerative Disc Disease Posted by Berry Law on June 18, 2018 in Veterans Benefits Military service can place an incredible amount of stress on the body. In most cases, foraminal stenosis is caused by gradual degeneration of the spine that happens as you age. To qualify for disability because of spinal stenosis, you must meet several requirements: The stenosis must be in your lumbar region.